Rajya Sabha today passed The Compensatory Afforestation Fund Bill, 2016. The
Bill had earlier been passed by Lok Sabha in May 2016.
Replying to the discussion on the Bill today,
Minister of State (Independent Charge) of Environment, Forest and Climate
Change, Shri Anil Madhav Dave, said that it is a good bill and the money is for
the country. He said that the Parliamentary process has now been
completed.
Shri Dave assured the House that if there are
any concerns with the rules on consultation with Gram Sabhas in the Bill, the
same will be reviewed after one year.
MPs from various political parties
participated in the discussion on the Bill.
Background to Compensatory Afforestation Bill, 2016
The
passing of the Bill has ended the long era of ad-hocism and will help the
Centre and State Governments to utilise these amounts in a planned manner. It
will facilitate make available more than Rs. 6,000 crores per annum to the
States/UTs for conservation, protection, improvement and expansion of forest
and wildlife resources of the country. Availability of these amounts will not only
help the States/UTs and local communities to ensure better management of their
forest resources but will also result in creation of more than 15 crores
man-days of direct employment. A major part of these amounts will be used to
restock and improve quality of degraded forests, which constitutes more than 40
% of the total forest cover of the country. Rules to be framed by the Central
Government in consultation with the States/ UTs will provides for use of native
species in afforestation activities to be undertaken from these funds.
Majority of the employment will be generated in tribal dominated and backward
areas of the country. Apart from creation of direct employment, utilisation of
these amounts will result in increased availability of timber and various other
non-timber forest products, and will thus help in improvement of the overall
living standards of the forest dependent communities.
The
Bill provides for establishment of a permanent institutional framework at the
Central at each State and Union territory to ensure utilization of these funds
in an expeditious and transparent manner. The Bill also seeks to transfer these
amounts to dedicated, non-lapsable interest bearing funds under public account
of the Union of India and each State so as to bring these funds within the
overall oversight and control of the Parliament and the State legislatures,
without impairing easy availability of these funds to utilise the same for the
purpose for which it has been realised. The Bill also seeks to provide for constitution
of a multi-disciplinary Monitoring Group to monitor activities undertaken from
these funds. The Bill also provides for annual audit of the accounts by the
C&AG.
The
Bill provides for transfer of 90 % of the accumulated amounts, which presently
is of the order of Rs. 40,000 crorers (excluding about Rs. 2000 crorers of
interest already accrued on amounts presently being kept as FDs.) to the States
for creation and maintenance of compensatory afforestation and execution of
other activities for conservation, protection, improvement and expansion of
forest and wildlife resources of the country. All fresh amounts to be realised
by the States in lieu of forest land to be diverted for non-forest purpose will
be deposited directly into the funds to be created under public account of the
respective State. State-wise details of funds likely to be made available to
each State/UT is enclosed.
The
remaining 10 % Amounts to be retained at the National level will be used for
monitoring and evaluation of activities to be undertaken by the States/UTs and
Central Government from these funds and to provide, research and technical
support to the States so as to ensure that these amounts are used in the
technically best possible manner.
Central
Government while according prior approval under the Forest (Conservation) Act,
1980 for diversion of forest land for non-forest purpose stipulates conditions
to the effect that the State Government shall realize funds from the user
agency for compensatory afforestation, catchment area treatment plan, wildlife
management plan etc. to mitigate impact of diversion of forest land. In
most of the States, funds received from the user-agencies were deposited in
consolidated fund as revenue receipts which were made available to the Forest
Department through budgetary provisions.
The
Central Government in exercise of powers conferred under Section 3 (3) of the
Environment (Protection) Act, 1986 constituted Compensatory Afforestation Fund
Management and Planning Authority (CAMPA). However, the CAMPA could not be
operationalized.
In
2008 Central Government formulated the Compensatory Afforestation Fund Bill,
2008. The Bill was passed by the Lok Sabha on 23rd December, 2008.
However, the Bill could not be taken up for discussion in Rajya Sabha. On
dissolution of the 14th Lok Sabha, the Bill lapsed.
C
& AG in his D.O. letter dated March, 4, 2013 requested the then Finance
Minister to examine the entire issue of maintaining a fund outside Government
Accounting System. The C & AG in his said D.O. letter also suggested to move
the Supreme Court for review of its decision with regard to Ad-hoc CAMPA fund
so that it can be transferred into Public Account of India.
In
compliance of the suggestions of the C&AG, and in exercise of powers
conferred under section 3 (3) of the Environment (Protection) Act, 1986, the MoEF
formulated a draft CAMPA Order, 2014 for establishment of separate funds under
public account of Union of India and each State and constitution of authorities
at Union of India and each State for management of these funds and placed the
same before the Supreme Court for approval. The approval of the Supreme Court
to the draft Order is still awaited.
To
ensure safety, security and expeditious & efficient utilization of
accumulated funds which are presently managed by the ad-hoc CAMPA, consisting
of only three officials and one representative of the CEC, without having any
full time regular staff and administrative support; and to ensure harmonization
between the original CAMPA notification dated 23rd April 2004 and
the State CAMPA Guidelines, as approved by the Supreme Court in July 2007, and
also to provide statutory back up to the State CAMPAs, the Central Government
introduced the Compensatory Afforestation Fund, Bill, 2015 in Lok Sabha.
On 13th
May, 2015 Lok Sabha referred the Bill to the Department Related Parliamentary
Standing Committee on Science & Technology, Environment & Forests. The
Committee held extensive consultations with the States/UTs and various other
stakeholders. The committee submitted its report containing 26 recommendations.
The Central Government accepted 20 recommendations. Based on recommendations
of the Committee and further examination of the Bill, the Central Government moved
49 official amendments.
Details
of Amounts Available with the Ad-hoc CAMPA As on 31.03.2016
(Rupees
in Crore)
Sl. No
|
State/UT
|
Total
Amount as on 31.03.2016
|
Distribution
Between centre and State
|
Principal
|
Interest
|
Total
|
Centre
|
State
|
Amt.
|
%
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
1
|
Andaman &
Nicobar Islands
|
2.59
|
0.98
|
3.57
|
0.01
|
0.36
|
3.21
|
2
|
Andhra Pradesh
|
1,793.17
|
676.91
|
2470.08
|
6.15
|
247.01
|
2223.07
|
3
|
Arunachal
Pradesh
|
1,179.61
|
445.30
|
1624.91
|
4.05
|
162.49
|
1462.42
|
4
|
Assam
|
213.35
|
80.54
|
293.89
|
0.73
|
29.39
|
264.50
|
5
|
Bihar
|
342.99
|
129.48
|
472.46
|
1.18
|
47.25
|
425.22
|
6
|
Chandigarh
|
11.31
|
4.27
|
15.57
|
0.04
|
1.56
|
14.02
|
7
|
Chhattisgarh
|
3,114.39
|
1175.66
|
4290.05
|
10.69
|
429.00
|
3861.04
|
8
|
Dadar &
Nagar Haveli
|
9.96
|
3.76
|
13.72
|
0.03
|
1.37
|
12.35
|
9
|
Daman &
Diu
|
0.77
|
0.29
|
1.06
|
0.00
|
0.11
|
0.95
|
10
|
Delhi
|
77.33
|
29.19
|
106.52
|
0.27
|
10.65
|
95.87
|
11
|
Goa
|
100.61
|
37.98
|
138.58
|
0.35
|
13.86
|
124.72
|
12
|
Gujarat
|
892.86
|
337.05
|
1229.91
|
3.06
|
122.99
|
1106.92
|
13
|
Haryana
|
743.26
|
280.57
|
1023.83
|
2.55
|
102.38
|
921.45
|
14
|
Himachal
Pradesh
|
1,125.38
|
424.82
|
1550.21
|
3.86
|
155.02
|
1395.19
|
15
|
Jammu &
Kashmir
|
747.13
|
282.04
|
1029.17
|
2.56
|
102.92
|
926.25
|
16
|
Jharkhand
|
2,499.82
|
943.66
|
3443.48
|
8.58
|
344.35
|
3099.13
|
17
|
Karnataka
|
739.84
|
279.28
|
1019.12
|
2.54
|
101.91
|
917.21
|
18
|
Kerala
|
61.51
|
23.22
|
84.73
|
0.21
|
8.47
|
76.25
|
19
|
Lakshadweep
|
-
|
0.00
|
0.00
|
0.00
|
0.00
|
0.00
|
20
|
Madhya Pradesh
|
2,790.25
|
1053.30
|
3843.55
|
9.58
|
384.36
|
3459.20
|
21
|
Maharashtra
|
1,964.25
|
741.49
|
2705.75
|
6.74
|
270.57
|
2435.17
|
22
|
Manipur
|
259.50
|
97.96
|
357.46
|
0.89
|
35.75
|
321.72
|
23
|
Meghalaya
|
112.34
|
42.41
|
154.75
|
0.39
|
15.48
|
139.28
|
24
|
Mizoram
|
67.99
|
25.67
|
93.66
|
0.23
|
9.37
|
84.29
|
25
|
Nagaland
|
-
|
0.00
|
0.00
|
0.00
|
0.00
|
0.00
|
26
|
Odisha
|
4837.24
|
1826.03
|
6663.27
|
16.60
|
666.33
|
5996.94
|
27
|
Puducherry
|
-
|
0.00
|
0.00
|
0.00
|
0.00
|
0.00
|
28
|
Punjab
|
633.32
|
239.08
|
872.40
|
2.17
|
87.24
|
785.16
|
29
|
Rajasthan
|
1149.44
|
433.91
|
1583.35
|
3.94
|
158.33
|
1425.01
|
30
|
Sikkim
|
183.68
|
69.34
|
253.02
|
0.63
|
25.30
|
227.72
|
31
|
Tamil Nadu
|
85.31
|
32.21
|
117.52
|
0.29
|
11.75
|
105.77
|
32
|
Telangana
|
301.18
|
113.69
|
414.87
|
1.03
|
41.49
|
373.39
|
33
|
Tripura
|
131.82
|
49.76
|
181.58
|
0.45
|
18.16
|
163.43
|
34
|
Uttar Pradesh
|
1060.37
|
400.28
|
1460.66
|
3.64
|
146.07
|
1314.59
|
35
|
Uttarakhand
|
1783.12
|
673.12
|
2456.24
|
6.12
|
245.62
|
2210.62
|
36
|
West Bengal
|
123.89
|
46.77
|
170.66
|
0.43
|
17.07
|
153.59
|
Total
|
29,139.60
|
11000.00
|
40139.60
|
100.00
|
4013.96
|
36125.64
|
****
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